Friday, October 2, 2020

DOJ Welcomes SC Suit Challenging Revised GCTA IRR

DOJ Welcomes SC Suit Challenging Revised GCTA IRR


EDSA Busway System To Implement Fully Cashless Transactions With Beep Cards

Cashless transactions via Beep card will begin on October 1.

SM Wins At 2019 Asia Sustainability Reporting Awards

The SM Investments Corporation has bagged yet again another award!

7 Commandments To Revitalize The Country Safely

Medical experts recommend strict health protocols for public transportation.

Alibaba Cloud Launches New Digital Ecosystem Strategy In The Philippines

This will help local businesses adapt further to the new normal!

Justice officials, welcomed Monday the petition challenging the validity of the revised implementing rules and regulations (IRRs) of the Expanded Good Conduct Time Allowance law before the Supreme Court (SC) even as he conceded it will be up to the high court to decide the IRR’s fate.

“I cannot comment on the petition itself. It is the OSG (Office of the Solicitor General) who will represent the public respondents and submit the proper comment on their behalf. All I can say is that I’ve eagerly awaited the filing of this petition,” Justice Secretary Menardo Guevarra told reporters.

“Considering that some important provisions of RA 10592 have been interpreted differently by various groups, I have as much interest as anyone in knowing the correct legal interpretation. Only the Supreme Court has the final word on the issue and I hope that it will affirm mine,” he added.

Justice spokesman Undersecretary Markk Perete for his part confirmed that the legal challenge was expected.

“We actually expected a petition coming from them. So I think the revised IRR that we prepared will withstand legal scrutiny so we are pretty confident that the petition will be heard by the court of course but we do believe that the revised IRR that we prepared is in consonance with the law.” he said.

Perete said criticism that the IRR engages in executive legislation is improper.

“We’ve addressed that in so many levels before. As I’ve said we’ve called a number of laws in order to come up with the interpretation that is most suited based on the provisions of RA 10592 and we’ve also relied on existing jurisprudence and that where our confidence is based against this particular challenge.”

Perete said there can be no violation of the constitutional equal protection clause in the IRR since “(H)einous crime convicts are in fact segregated by the Constitution itself,”

He added that the constitution itself “says that heinous crimes convict may be penalized by the death penalty so we do not think that the equal protection clause is a valid basis for impugning the basis of the IRR,”

A petition before the SC has been filed by lawyers representing inmates from the New Bilibid Prison (NBP) and asked the Supreme Court to stop the Bureau of Corrections (BuCor) and the Bureau of Jail Management and Penology (BJMP) to refrain from retroactively applying the exclusions introduced under Section 1 of the Expanded GCTA law and relations to provisions of the IRR.

The petitioners told the high court that said provisions are “disadvantageous to any prisoners.”

The Expanded GCTA law has increased the reward of time that are deducted off a person deprived of liberty (PDLs) prison term. The petitioners said “it becomes clear that the deprivation of application of greater GCTA and consequent prolongation of imprisonment of herein petitioners and those similarly situation constitute violation of their substantive rights.”

They said that the public outrage about the supposed “erroneous” application of GCTA led the DOJ and DILG to revise the IRR.

“Ultimately, herein petitioners and those who are similarly situated are the ones who are suffering and are continuing to suffer. Unless these issues befitting our country are clarified by judicial pronouncement of no less than the Supreme Court, they shall continue to suffer from it,” the petition read. (PNA)

Latest News

Smile Train Philippines Celebrates World Smile Day

Make sure to witness the launch of #540Today, which conveys that 540 babies around the world are born with a cleft every day.

NegOcc Harvests First Sugarcane-Rice Intercrop Project

The sugarcane-rice cropping system project of the Negros Occidental provincial government reaps its first harvest in the pilot site located in Barangay Aranda, Hinigaran town.

Internet Hotspots Installed In Ilocos Norte Schools

Community internet hotspots in the towns of Pinili, Paoay, Currimao, and Badoc in the second district of Ilocos Norte are currently being tested to ensure all learners can connect under the new normal education system.

GenSan Extends GCQ Status Until Oct. 15

General Santos City is placed under GCQ until October 15 due to the rise of COVID-19 cases in the province.

Mayor Abby: Makati Rolls Out Learning Continuity Plan For Blended Learning

The Makati city government rolls out its Learning Continuity Plan for the school year 2020-2021, in preparation for the blended learning approach in the city.

Bloom In A Swipe With The New L’Oreal Paris Blooming Kisses Bullet Lipsticks!

Stay captivating with the smokey pink shades of L’Oréal Paris!

realme 7 Series And Buds Q Now Official In PH, Offer An Elevated Experience

Fans will enjoy a wide array of launch promos for the three devices both online and in-stores!

Cebu City Logs Low COVID-19 Positivity Rate

The Emergency Operations Center has seen a downtrend in the COVID-19 positivity rate in Cebu City, with 0.7 percent logged on Tuesday night.